possible illegal eviction ?

[MrShed]

OK let me get this right.

- You let a property from someone - and this someone at this time was a male(the father).
- At no point were you aware that this person was acting on someone elses behalf.
- The first you knew of the ACTUAL landlord was when she began proceedings against you.

Am I right or not?

[phat256]

the notice was served by hand to her

[phat256]

yes so far mr shed you right
- we rent a proeprty to a guy called peter ( name changed)
- peter told us that he was a landlord and all maters reagrding the property was to be told to him directly
- then she we had an unnaounced bisit froma woman called joan saying that she was our landlord from now on and she want us out ....

[MrShed]

OK thanks

And in the original tenancy agreement, who does it specify as the landlord? And who did you pay rent to and via what method?

*reads back over entire thread*

[MrShed]

In addition to the questions above, two thoughts:

- Can you make ONE post that details via short bullet points the entire story so far, including only the RELEVANT information(dates/actions etc)? Must admit getting extremely confused as to what is going on here when reading back over it.
- This is far from a straightforward situation, and I must stress AGAIN that you need to force your council to act on your behalf regarding the criminal act of unlawful eviction. If not, then I believe in some respect or another you need SOMEONE to act on your behalf, a solicitor if neccessary.

[phat256]

sorry i change the name voluntary or it may be the fact iam not english and we mnisunderstood me lol

-we signed a contract with a guy called peter shall we said 7 years agos
- it specify that all notice shall be served to a solicitor nothing else
- we paid the rent first in cash then by giro then by direct debit to a numerous different bank account

[phat256]

- 2002 signing of the teaqncy agreement with peter
- january 2008 mrs joan saying that i am the landlord i want you out
- march 2008 Council tro asking to mrs joan a real anme and address of landlord
- 09 may notice of eviction served
- 11 may lock of the property changed
- 14 may arrest for theft from dwelling
- 11 june civil claim agiant me for theft anf rental arrears
- 14 june charge dropped due to unsufficent evidence

[MrShed]

The EXACT details on the contract are key here. Presumably it specified the solicitor who you needed to serve to, name and address?

There are many many legal issues raised throughout here. These include(but are not limited to!):

- False imprisonment - if the allegations made by the landlord were malicious, which it appears they are, you have potential recourse here.
- Unlawful eviction
- Theft of goods(yours)
- The legal status of "Peter" - as to whether he was landlord(i.e. subletting) or acting as agent
- The failure of the parties involved to supply name and address of the actual property owner, as required by the Landlord Tenant Act
- The lack of any formal notice of change of landlord, if indeed the landlord did change at all
- The potential lack of a valid address for the landlord
- Harrassment

Quite honestly, I am going to bow out of this thread - it is not something I do lightly(or that I have even ever done before!), but there are so many unknown variables in this case, and so many potential breaches/legal implications, that I no longer feel comfortable attempting to advise. You need professional assistance with this case - and I would urge you do it, as the misdemenours here are multiple and serious. A solicitor on a "no win no fee" would be ideal, if you can find one.

[phat256]

i do not which other information to give as it is all i have from them. they did deliberately make things very complicated so to stop us from getting our right

[phat256]

i know the council told us all that and told us to follow a civil court claim same as the police advice .

[MrShed]

Originally Posted by phat256

i do not which other information to give as it is all i have from them. they did deliberately make things very complicated so to stop us from getting our right

You must have your copy of the contract?

[MrShed]

Originally Posted by phat256

i know the council told us all that and told us to follow a civil court claim same as the police advice .

You need to force this matter, via official complaints if required. There are multiple alleged CRIMINAL offences here, and the police and council have an obligation to deal with/assist with these. I'm going to say this very bluntly - DO IT....dont take no for an answer from these two organisations. They have an absolute obligation to get involved, and they both know it.

[phat256]

one more information when i went to the land registry it show trhat m\rs joan was the landlord living at our address

[phat256]

yes i do have a copy of the contract which by the way she had recreating by removing a lot of signature to the court

[phat256]

and changing a lot of term and conditions

[phat256]

iknow i am aware of that but they onkly see the reantl arrears and cannot dissasiocate that from the rest .... i am tired to be honest my name has been tarnished caused of her

[MrShed]

Well then you do have the information requested above.

Anyway - its really by the by. You need to speak to professionals regarding this matter. Others may feel comfortable advising(Aequitas in particular) - I dont feel there can be any further progress made with "self research", and you need to consult a solicitor, the council and the police - as a matter of urgency.

[phat256]

i did but they do not care shelter were not surpised by that 1 and this is why make my blood boiled